Court Awards CNY 71,597 in Traffic Accident Injury Case
An Eastern China City court has ruled in favor of a plaintiff injured in a traffic accident, awarding compensation of CNY 71,597.40. The plaintiff, Mr. Li, sought damages of CNY 127,472 from the driver, the vehicle owner, and the insurance company for injuries sustained in a collision with a car while riding an electric bicycle. The court found the driver fully liable and ordered the insurance company to pay the award after deducting a prior payment from the driver.
The accident occurred on July 10, 2011, in a village area of Eastern China City. The driver, Mr. Wang, was operating a car owned by Mr. Zhang when he collided with Mr. Li’s electric bicycle. A police traffic investigation determined that Mr. Wang bore full responsibility. Mr. Li sustained injuries and was treated at local hospitals. The car was insured under a compulsory traffic accident liability policy with a branch of a major property insurance company. Mr. Li claimed medical expenses, lost wages, nursing care, transportation costs, nutrition, disability compensation, and moral damages. Mr. Wang had already paid Mr. Li CNY 50,000 after the accident.
During the hearing, Mr. Li submitted multiple pieces of evidence, including the accident report, medical records, invoices totaling over CNY 43,000 for medical treatment, transportation receipts, a forensic assessment confirming a Grade 10 disability, and documents showing his residency and employment. The insurance company challenged certain invoices, arguing that one bill of CNY 712.30 was for a different person and that Mr. Li’s employment proof was insufficient. The court examined each item. It rejected one invoice but accepted four others where the name discrepancy was attributed to a clerical error. The court also found that the transportation receipts did not clearly link to the medical visits, but allowed CNY 200 as a reasonable estimate. The residency and employment evidence were accepted after further verification.
The court determined that Mr. Wang was fully liable for the accident. Under relevant law, the insurance company must first pay within the compulsory insurance limits. The court calculated Mr. Li’s total economic losses at CNY 116,597.40, comprising medical expenses of CNY 42,492.70, hospital meal allowance of CNY 165, transportation of CNY 200, lost wages of CNY 9,650 (based on 193 days at CNY 50 per day until the disability assessment), nursing care of CNY 5,771.70, disability compensation of CNY 54,718, nutrition of CNY 1,800, and assessment fees of CNY 1,800. Additionally, the court awarded CNY 5,000 for mental distress, bringing total damages to CNY 121,597.40.
The court applied the principles of tort law and the Road Traffic Safety Law. It held that the insurance company must pay up to CNY 85,339.70 within the compulsory coverage (including medical limit of CNY 10,000, transportation, lost wages, nursing, disability, and moral damages). The remaining CNY 36,257.70 was Mr. Wang’s responsibility. Since Mr. Wang had already paid CNY 50,000, which exceeded his share, the court ordered the insurance company to pay Mr. Li CNY 71,597.40 directly. The court also explained that lost wages should be calculated only up to the date of the disability assessment, not beyond. Mr. Li’s claim for higher amounts was rejected as unsupported.
This case illustrates how Chinese courts assess evidence and calculate damages in traffic accident disputes. The court placed significant weight on official police reports and forensic assessments while scrutinizing medical invoices and proof of residency. The decision confirms that compulsory insurance must cover certain losses first, and that prior payments by the responsible party reduce the insurer’s obligation. Parties in similar situations should ensure all evidence is properly documented and linked to the accident.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.